Salari v. Superior Court of Los Angeles County
Annotate this CaseThe Court of Appeal granted writs of mandate directing the superior court to dismiss the untimely filed information against petitioners under Penal Code section 1382, subdivision (a)(1). The court held that the statutory texts are unambiguous and in harmony with the related statutes and rules. In this case, the information was filed on August 14, 2018, 25 days after the July 20, 2018 holding order, and 10 days too late. Furthermore, the People concede that they failed to file the information within the time frame required by section 1382, and they do not assert they had good cause to file the information late. The court also stated that it was not aware of any authority, and the People presented it with none, that holds a party impliedly waives the right to the timely filing of an information by agreeing to a later arraignment.
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